HomeMy WebLinkAboutApproved Minutes - 2008-12-08 (02)•
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City of Lake Oswego
Planning Commission Minutes
December 8, 2008
I. CALL TO ORDER
Chair Julia Glisson called the Planning Coniiliissioil meeting of Monday, December 8,
2008 to order at approximately 6:00p.m. in the Council Chambers of City Hall, at 380
"A" Avenue, Lake Oswego, Oregon. ·
II. ROLt CALL
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Members present were Chair Glisson, Vice Chair Philip Stewart and Commissioners
Adrianne Brockman, Mary Olson, *Scott Siegel and Alison Webster.
*Commissioner Siegel arrived at approximately 6:13 p.m.
Staff present were Dennis Egner, Long Range Planning Manager~ Sidaro Sin, Senior
Planner; Joilila Papaefthimiou, Natural Resources Planner; Evan Boone, Deputy City
Attorney and Iris Treinen, Administrative Support
CITIZEN COMMENT
None.
IV. MINUTES
Co:rnmissioner Brockman moved to approve the amendments to the previously approved
Minutes of September 29. 2008. Commissioner Olson seconded the motion and it
" passed 4:0. Commissioner Webster abstained and Cominissioner Siegel Was.not present.
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Commissioner Brockman moved to approve the Minutes o:f_October 13. 2008. Vice
· Chair Stewart seconded the motion and it passed 4:0. Commissioner Webster abstained
and Commissioner Siegel was not present during the vote.
VI. PUBLIC HEARING
Community Development Code Amendments
A request from the City of Lake Oswego for amendments to the Comrriunity
Development Code (CDC) and an amendment to the Comprehensive Plait The following
two proposed ordinances were continued from September 22 and 29, 2008; October 13,
2008; and November 10 and 24, 2008:
City of Lake Oswego Planning Commission
Mint~tes of December 8, 2008 Page 1 of''!
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Ordinance 2527, LU 08-0051, CDC -Sensitive L~nds Overlay District Amendments.
Amends portions of the CommOnity Development Code Article 50.16. Proposed updates
pertain to the following topics: consistent usage of terms, permitted uses in resource •
areas (second-story additions, utility tunneling, street or trail signs, access to new lots),
"wildlife-friendly" fences, "reasonable development" on property totally covered by
wetland or stream resources, map corrections, development procedures, water .. dependent
uses such as docks along the Willamette and Tualatin Rivers, hazardous materials
storage, and ivy removal as a condition of development approval. Staff coordinator was
Jonna Papaefthimiou, Natural Resources Planner.
Ordinance 2525, LU 08-0052, CDC-General Housekeeping Amendments. Amends
portions of the Community Development Code, Chapter 50, for the purpose of
clarification, correction, formatting, and updating sections. Proposed updates pertain to
the following topics: Definitions, the master plant list, uses, map administration, setbacks,
structure heights, accessory structures; dwelling design, commercial development
st~dards,_ and requirements, accessory and temporary uses, flag lots, vision clearance,
exceptions, special standards, flood management area, building design, open space,
landscaping, access, on-site Circulation, Street connectivity, street lights, downtown
redevelopment district standards, Old Town neighborhood. design standards, West Lake
Grove district standards, variances, conditional uses, and pr<,:>cedural requirements. Staff
coordinator was Dennis Egner, Long Range Planning Manager.
Chair Glisson opened the public hearing and Jonna Papaeftbimiou, Natural Resources
Planner, presented the staff report. Ms. Papaefthimiou reported that 15 -20 persons had •
come to a public open house to discuss proposed Sensitive Lands Overlay District
amendments the previous Thursday. She pointed out that staff had prepared the d.raft
ordinance and related findings to support the changes the Commissioners had previously
accepted so the Cornrtlission~rs could vote on them. She categorized the changes as CDC
amendments to comply with Metro Titles 3 and 13; graphics that were more realistic and
to scale; changes that reflected and clarified current staff code interpretation and practice;
and changes that simplified review of small projects. She recalled that the
Commissioners had separated out some policy issues they wanted to continue to work on, ·
such as LOC 50.16.040, Modification of Dimensional Standards; the issue of whether to
require shared driveways; development standards for the Willamette River; and how to
fashion a requirement for invasive species removaL Ms. Papaefthimiou explained the
current proposal before the Planning Commission put the LOC 50.16.040 provision "on
hold," which meant it would not be available to applicants in the interim, and they would
i have to use the variance process instead. She anticipated that by the time the
Commissioners addressed the open issues they wo~ld have the benefit of public input
from a January 24th public open house. . · .
During the questioning period Ms. Papaefthimiou confirmed that the am~ndments
package staff had prepared for t4e Planning Commission to vote oil that evening did
suspend LOC 50.16.040, which was what the Commissioners had voted to do at their last
meeting. Commissioner Brockman recalled that the Commissioners had discussed
potential alternative language for that section. Staff explained they wanted to wait to •
City of Lake Oswego Planning Commission
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draft an alternative provision until after they received public input at the January 24th
open house. The Cominissioners recalled they had voted to suspend LOC .50.16.040 to
avoid any unintended consequences until a replacement provision was adopted and so
they could move forward with the other, e~sier, housekeeping changes. Chair Glisson
explained to the audience that the Commissioners had decided the amendments they were
about to vote on were ready to move forward to the City Council, but the Commissioners
had separated out policy related changes which they planned to continue to work on and
subject to greater public scrutiny at a public open house and in hearings. She clarified
that the Planning Commission was still accepting comments on the proposed Sensitive
Lands Overlay District ~endments.
Public Testimony
Carolyne Jones. 2818 Poplar Way, read aloud her December 8, 2008 memorandum to
the J?lannlng Commission entitled, "Presentation Against Stream Corridor Botirtdaries"
(Exhibit G-11 ). During the questioning period, staff confirmed for the Commissioners
that the City used the best available environmental science to conduct Goal 5 related
analyses.
Garv and Betty Buford, 5 Camelot Court, had submitted EXhibit G-1 0. They had
purchased a logged, multi-acre parcel with one house on it years ago and let trees grow up
on it. Subdivisions had been built around it. Mr. Buford explained his property was
about to be added to the Sensitive Lands Overlay District because of the trees he had
alloWed to grow there: He was concerned that he would not be allowed to maintain it or
carry out a plan he intended to f~shion with the help of the Oregon Department of
Forestry. During the questioning period, staff outlined his options to continue
maintaining areas that were already landscaped as he had been doing; clear brushy areas
of invasive plants without a permit; and make more significant changes via a City-
. approved forest enhancement project. If he wanted to develop a park-like area, he could
delineate half the Resource Conservation (RC) District (tree grove) for protection as a
Resource Conservation Protection Area (RCP A) and the other half would be developable;
Staff confirmed that it was a code violation to remove vegetation and seedling tre.es from
an RCPA, but that the non-RCPA half of the. RC District was not subject to LOC 50.16
restrictions. The Bufords suggested Lake Oswego adopt the "two-track" system the City
of Tigard used that differentiated between ~ typical size lot and a multi.-acre, forested lot.
Commissioner Olson stressed an owner should be able take steps to remove fire hazards.·
She recalled the Bufords' and another neatby farge parcel were the same type of land as
the adjacent subdivisions were on and could· have been developed and clear-cut at the
same time the subdivisions were built. Ms. Papaefthimiop read aloud the applicable code
criteria for approving resource enhancement projects. Such a project was to cause no
permanent degradation or loss of natural features; improve the quality of at least one
function or value; and planting was restricted to species of resource landscaping
vegetation listed on the city's Master Plant List. When asked, she clarified for the
Bufords that the amendments the Commissioners were about to vote on removed
language that indicated that just putting a shovel into the ground disturbed the resource .
City of Lake Oswego Planning Cointnission
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Mr. Egner explained that including resource land in the Sensitive Lands Overlay was not
automatic. An Economic, Social, Environmental and Energy (ESEE) Analysis would be
used to ev~luate and balance aU those interests first. Commissioners Brockman and •
Olson asked staff to look into the concept of a two-track system that might offer an
alternative that allowed a plan approved by the Oregon Department of Forestry. When
asked, st~ff confirrn.ed the Tr~e Code offered a process for quickly removing a hazard
tree.
Emma Lee Wiebel, 5020 Carman Drive, explained that her husband had planted trees
on the back two-thirds of their multi-acre parcel after it had been logged in 1950 and the
family had let them grow. She said now that part of their property was to be designated a
resource district, which would reduce the value of an important asset during their
retirement years. She stressed that it was not fair for the City to expect some people to
gjve up the value of their land for the good of all without paying for it. When the
Commissioners observed that landowners could develop 50% of the tree grove and use
density transfer to cluster the same number of houses the zone would have allowed
without the protection, she observed they would have to be smaller, less valuable,
attached dwellings. She said she supported the Tree Code because it protected trees that
added to a Lake Oswego lot's value, but that code did not "eat up an asset" like the
Sensitive Lands Overlay District did.
Tom Zinser, 17920 Westview Drive, who owned a multi-acre parcel near the Bufords
with one house on, it, held that the Sensitive Lands amendments were not practical. He
asked the City to send all owners of land to be designated in the Sensitive Lands Atlas a •.
copy of the document before they voted on it. The Commissioners explained they were _
still receiving testimony and staff w~s arranging to meet with the landowners and had
invited them to a public open house the preceding Thursday.
Commissioner Brockman saw the need for the City Council to make a policy decision
regarding what was a fair burden to place on the owners of resource constrained land in
order to create a benefit for the City. She observed the City was putting different burdens
on people who owned land in the stream corridor, small drainage-ways and woodlands
than on those who owned land along the rivers and the lake. She said there were other
ways to achieve the objectives of the City. When asked, Mr. Egner confirmed the ESEE
analysis was very flexible. Commissioners Olson, Brockman and Siegel advocated
examining the proposed Sensitive Lands map and code amendments together.
The Commissioners prepared to vote. They clarified that the testimony they had heard
that evening related to policies they still had to work on, and did not relate to the
housekeeping amendments they were about to vote on. Staff had drafted findings and
attached them to the December 2, 2008 staff memorandum as Exhibit A-2. They pointed
out the document suspended LOC 50.16.040, Modification of Dimensional Standards for
180 days in order to give the City Council time to replace it. Coi1111lission,er Brockman
want~d assurance that staff would follow up with the replacement proposal the
Commissioners had discussed that limited the impact on neighbors as well as the stream
corridor. Staff said they wo~ld bring it forward after the hext public open house. There •
City of Lake Oswego Planning Commission
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was consensus to modify the draft ordinance ~o it suspended LOC 50.16.040 for 365 days
instead of 180 days .
Cotrtrn:issioner Brockman moved to recommend the City Council adopt Ordinance 2527,
LU 08-0051A, Community Development Code, Sensitive Lands Overlay District
Amendments. Commissioner Webster seconded the motion and discussion followed. ·
Staff clarified that ''the Commission's recommendation on fees;' was that there was either
to be no fee for applying to correct a resource designation error, or the fee was to be
refunded. The Commissioners wanted to know if approval of the recommended
amendments would bring the City into full compliance with Metro. Staff said the City,
still needed to adopt the Sensitive Lands map, address protection of the rivers and
determine what were appropriate water dependent uses. They clarified that the lake had
been specifically excluded from Title 3 and · 13 protection because it Was a mail-made
lake. Commissioner Siegel asked staff to proofread the document before it went to the
City Council to ensure what it said was what the Commissioners intended it to say. The
vote was conducted and the motion passed 5:1. Commissioner Olson voted against.
Commissioner Brockman invited the audience members to continue to submit comments,
and Coiilttlissioner Olson encouraged them to coiltinue·to communicate with staff.
Commissioner Siegel moved to continue the hearing for LU 08-0052 (Ordinance 2525)-
General Housekeeping CDC Amendments, to January 12,2008. Commissioner Olson
seconded the motion and it passed 6:0. · .
• Conunissioner Siegel moved to continue the hearing for LU 08-0051 B -Sensitive Lailds
CDC Amendments, to February 9, 2009. Commissioner Brockman seconded the motion
and it passed 6:0. Chair Glisson closed the public hearing.
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VII. WORK SESSION
Comprehensive Plan Update r:Periodic ReviewNisioning (PP 08-0012))
Update on the status of the work program and outreach.
Sidaro Sin, Senior Planner, presettted the staff report. He pointed out that staff had
incorporated Department of Land Conservation and Development (DLCD) suggestions
into the most recent drafts of the evaluation and work program. He reported the DLCD
had agreed with City staff that the 2001 Water Management and Conservation Plan was
still valid, and that plan and the 2007 City of Lake Oswego and Tigard W atet Service
Area Joint Water Supply System Analysis Draft Report could be incorporated in an
updated Public Facilities Plan. Mr. Egner said the final documents had to be forwarded
to the DLCD by February 18, 2009.
Mr. Sin related that he was hearing that people wanted to better Urtdetstand what a
Comprehensive Plan update Was aild what it entailed. He explained that staff was
suggesting a process that both satisfied the State mandate to update mostly technical
aspects of the Comprehensive Plan to reflect cUrrent State law and planning goals and
City of Lake Oswego Planning Commission
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offered the community an opportunity to define and decide how to achieve local quality
of life ·over the lqnger term. He said the result would be that the updated Comprehensive
Plan would be technically up to date and also reflect the broader community vision. Mr. •
Sin reported that so far he had presented the program to seven of the City's ten boards
and commissions. He anticipated it would be a 3.5-year process ending in June 2012. He
pointed out that Attachment A of the December 2nd supplemental staff memorandum
outlined the components, steps, timeline, and end products of the Comprehensive Plan
Update Process. He anticipated the process would involve a visioning task force and
subcommittees for different topics.
The Commissioners were concerned about the extended length of the program and the
demanding workload for both a task force and staff. Chair Glisson recalled the City's
e:l{perience with task forces was they took longer than expected. Commissioner
Brockman stressed that there were issues the community wanted addressed as soon as
possible that were related to density and infill. When Chair Glisson asked staff to
describe their workload Mr. Egner anticipated they would continue to move forward with
the current CDC update, including infill amendments. If the City adopted a single-family
home design review process, that would require a major staff effort. He said they had to
accomplish the State-mandated periodic review. He acknowledged the City could decide
the Comprehensive Plan was not far out of compliance, update it, and not use that process
as an opportunity to make "big pictwe" chcmges in the Comprehensive Plan. However,
the broader visioning process would offer an opportunity to reach citizens beyond those
who typically participated and talk to them about issues such as density and neighborhood
planning. Commissioner Brockinan s.uggested starting with pressing land use planning •
issues first to address citizens' concerns, and then updating of the associated plans, such
as the Public Facilities Pla,n, which would be based on the projected land use densities.
Mr. Egner advised that staff~needed to start collecting baseline data to support th~e
technical updates.
Ken Sandblast, former chair of the Planning Commission and Lake Grove Village
Center Advisory Committee, offered his observations. He said the process would be a
good opportunity for the City Council to show leadership, decide what was to be worked
on, and take advantage of what the comrtlunity had learned from past planning efforts.
He said the proposed structure helped define the effort and its cost and could ensure it
would not get bogged down. He indicated he was not yet clear on what the visioning
process was about.
Mr. Sin clarified that the program outlined in the staff memorandum had not yet been
presented to the City Council. However, he reported they had discussed "visioning," and
Councilor Jordan, Mayor-elect Hoffina,n a.nd Councilor-elect Moncrieff had met with the
staff in Hillsboro to learn about the visioning process that city had used. He said the City
might decide to hire a consulting team to help design the public involvement process.
Commissioner Siegel suggested the City should do both the State mandated, technical, .
Comprehensive Plan update and visioning within a 24 .. month period and endeavor to
keep the cost of the latter process down. Meanwhile the Planning Commission could •
work on the most pressing land use issues and perhaps forward the most practical aspects
City of Lake Oswego Planning Commission
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' of the infill amendments to the City Council. The Commissioners favored the concept of ·
setting a shorter timeline to accomplish periodic review, but working efficiently, within a
reasonable, realistic, time frame' to accomplish the visioning process. They did not wa,nt
the process to drag on so long that citizens lost interest. They agreed to list and discuss
the most pressing land use issues citizens were asking them about at their next meeting.
Mr. Egner cautioned two years was not long enough to accomplish all the preparation,
public involvement and implementation work. He referred to the list of potential policy
issues staff had assembled. He said he would bring back options for moving forward.
The Commissioners said they wanted to hear what the public had to say about how to
approach the program.
OTHER BUSINESS -PLANNING COMMISSION
Planning Commission Goals Jot 2009 (PP 08-0018)
Chair Glisson reported that she was scheduled to present the Planning Commission's
2009 goals to the City Council on January 13th. Staff had distributed the "2008 Planning
Commission Goals Status Report" at the previous meeting. Mr. Egner suggested that
besides initiating the periodic review and visioning project work the Commissioners had
just been discussing, the Commissioners could focus on completing the CDC
amendments update process, work on neighborhood plan implementation; and adopt a
Lake Grove Village Center design handbook. He reported the Boones Ferry Road
Refinement Plan Request for Proposal (RFP) was to be issued before Christmas. Chair
Glisson said she would draft the goals statement and email copies to the Commissioners
for their comments before she presented it. ,
OTHER BUSINESS -COMMISSION FOR CITIZEN INVOLVEMENT
None.
X. ADJOURNMENT
There being no further business before the Planning Commission, Chair Glisson
adjourned the meeting at 9:10p.m.
City of Lake Oswego Planning Commission
Minutes of December 8, 2008
Respectfully submitted,
!J.~
Iris Treinen
Administrative Support
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